Jump to content
Sign in to follow this  

Spouse given 2 year status by mistake

6 posts in this topic

Recommended Posts

My wife got her green card in Sept 2012. She got a conditional visa even though we were married for over two years. It was our understanding that if we were married for 2 years she would receive a 10 year residency. When she called the immigration service, one immigration person said it was a mistake, she should have received a 10 year residency, fill out the I-90. She started to fill out the I-90 and the online process asked her for $139. She did not go any further and then received an e-mail from an immigration officer in San Francisco saying call if you need help with the form.

She called and he said that she could not use the I-90, that she should fill out the I-75 and pay the fee even though the immigration service was in error in the first place. He said that status was at the discretion of the issuing officer, despite the fact that we were married for over two years and the instructions state clearly that for people married over two years they are eligible for a 10 year residency?? Our dilemma rests in her job as a teacher. The immigration person said she could not submit her I-75 until June 5 2014...contracts are offered in April 2014, she will not be offered a contract if her status is in question and she will lose her job.

What do we do?

Share this post

Link to post
Share on other sites

I say :

1. get infopass, get stamp in passport showing proper end date, next to the visa page then

2. submit I-90 with photocopy of marriage certificate, include a letter of explanation and no fee.

This could have been handled at the POE, FWIW, in secondary inspection with a shift supervisor. Way back then, the POE was the last point to capture that 'past 2 years of marriage' status and flip into IR-1 designation.

If she has a conditional green card, her status is not in question. She is still a permanent resident.

Unfortunately, you will have to pay the fee and fill out the form.

I disagree, about paying the fee.

WHY? The data entry clerks at the POE messed up.


Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !


Share this post

Link to post
Share on other sites

Agree with Darnell.

You simply file the I-90 with the ORIGINAL greencard (make sure you keep a copy for yourself), a copy of your marriage certificate and entry stamp.

The fee is waived as this is clearly USCIS error.

Share this post

Link to post
Share on other sites

This happened to my friend about two years ago. I helped him with this and they told us to fill out the I-90, bring it in with passport, marriage license and greencard to and info pass appointment. The lady checked the date of marriage in comparison to the visa issue date and said that the fee was waived and took the application. He received a new card two months later. That was two years ago so not sure if something changed, but he didn't have to pay the fee since it was a USCIS error.

* 21 APR 2016 - 90 Days before husbands conditional green card expires

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.